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Please make sure you view the key information alongside your search results. This section details information that must be considered before accepting a risk in the chosen country.

Disclaimer: Crystal is provided for information purposes; it does not constitute solicitation of business and is not intended to be a substitute for appropriate professional advice.

Canada** Please see Lloyd's Authorisation for details of Lloyd's licensing status

Pre-placement considerations

Lloyd's authorisation

Insurance

Lloyd's underwriters are licensed to write insurance in or from Canada, with some exceptions. Lloyd’s licence does not permit the writing of the following classes:

  • Hail insurance in respect of crop in the province of Quebec. 
  • Home warranty insurance in the province of British Columbia. 
  • Life insurance
  • Credit Protection insurance
  • Title insurance
  • Mortgage Default insurance
  • Surety – Lloyd’s underwriters may only write reinsurance of this class. Please refer to Market Bulletins Y3991 and Y2642 for further information.

 

Reinsurance

Lloyd's underwriters are permitted to write reinsurance in or from Canada for any class of business for which Lloyd's underwriters hold a direct licence.  Life and surety business are exceptions and may be reinsured, however, underwriters should note that life reinsurance is subject to certain restrictions. Refer to ‘More Detail’ below for further information.

For automobile, creditor's group or warranty business, contact Lloyd's Canada and see Class Specific Regulations below, as certain additional requirements may apply. Please note that any request or intention to write Automobile Business in Canada must be referred to the Office of Attorney in Fact in Canada at info@lloyds.ca. Non-compliance with these requirements may result in adverse regulatory consequences.

Last updated: 06 Apr 2017


Definition of risk location

Risks located in Canada are governed by both federal and provincial regulations.

Federal

The (Federal) Insurance Companies Act defines a 'policy in Canada' as: "With respect to fire insurance, a policy on property (real or personal) in Canada, and with respect to any other classes of insurance, a policy where the risks covered by the policy were ordinarily in Canada at the time the policy was issued".

The Canadian federal regulatory framework is applied to all risks insured in Canada, as defined in OSFI Advisory 2007-01-R1, rather than to all risks located in Canada. This means that if sufficient insurance activity occurs in Canada a risk - regardless of the location of the policyholder or risk, or of the class of business – will be considered Canadian.

Provincial/Territorial

Provincial/territorial regulations vary but in addition to insurance activity, provincial regulations usually deem a risk to be a risk of that province/territory if the insured or property are located there.

“Insure in Canada a risk”

Following application of Part XIII of the Canadian regulations on 1 January 2010 all Canadian risks written in the Lloyd’s market must be made “insure in Canada a risk”. This either occurs automatically when there is a Canadian coverholder or service company or when risks are processed through the AIF Signing Process System (ASPS). Risks which fall under either federal or provincial regulations must be written by Canadian coverholders or service companies or processed through ASPS.

Please see ‘More Detail’ for different risk location scenarios.

Last updated: 06 Apr 2017


Compulsory classes

The following classes are compulsory in Canada:

  • Motor third party liability insurance in respect of bodily injury and property damage is compulsory in all provinces. British Columbia, Manitoba and Saskatchewan operate government automobile insurance plans and the private market can offer excess liability coverage in these provinces.
  • Automobile accident benefits coverage is compulsory in all provinces except Newfoundland. Quebec operates a government plan but the private market can offer additional optional accident benefits.
  • Workmens’ compensation is provided by provincial governments.
  • Marine passenger liability for vessel operations.
  • Professional indemnity for insurance brokers, architects and other professional bodies such as lawyers and accountants. (The applicable regulatory body should be consulted for specific requirements.)
Last updated: 06 Apr 2017

Class specific regulations

Terrorism
Last updated: 09 May 2017


Routes into Lloyd's

Coverholders

Lloyd's requirements for a coverholder carrying on Canadian business  

As part of the Coverholder application, coverholders must sign the Coverholder’s undertaking to Lloyd’s. By signing the undertaking, the coverholder agrees to act in line with the terms of its binding authority and any local requirements of the territory in which it is based or in which it will trade, provide services or do business. It also provides that should the coverholder fail to comply with any relevant laws, regulations or requirements, it must immediately take appropriate action and notify Lloyd’s. Lloyd’s may report coverholders to the relevant regulators for non-compliance of business activities.

The clarification of "insure in Canada a risk" in Part XIII of the Insurance Companies Act became effective 1 January 2010. This has implications for Lloyd's business models and processes for Canadian business.

For further information, please refer to Market Bulletin Y4518

Last updated: 09 May 2017


Open market correspondents

Approval is required for Open Market Correspondents (OMCs) handling Canadian insurance business. This requirement includes marine business.

As part of the OMC application all intermediaries must sign an undertaking. The undertaking provides that the open market correspondent will respect local law and regulations, ensure taxes are paid and provide Lloyd’s Attorney in Fact with documentation and information that is required for the fulfilment of Lloyd’s reporting requirements.

The Attorney in Fact's office maintains a list of all intermediaries that have signed the undertaking, which must be available for consultation by the regulator/relevant authority.
  
Click here to access the OMC directory for Canada

Click here to access further information regarding the OMC process and access to the application forms 

Insurance intermediaries (brokers or agents) established outside of Canada carrying on Canadian business

To satisfy the requirements to “insure in Canada a risk” (Please see Lloyd’s Authorisation for more detail) any business where the risk, insured or reinsured is located in Canada must be processed through the AIF Signing Process. The only exceptions to this are:
a) life reinsurance, which must remain unregulated, and
b) business bound by Canadian domiciled coverholders or service companies where sufficient activity takes place in Canada for the business to be deemed “insure in Canada a risk”.

 
Last updated: 09 May 2017

Intermediary regulation

Canadian intermediaries are regulated and licensed by individual provinces.

Due to strict licensing rules, underwriters must ensure that there is an appropriately licensed Canadian intermediary in the placement chain for all Canadian regulated business.

This intermediary must be licensed in the provinces in which they are doing business and must be an approved Lloyd’s OMC or coverholder. Whilst the intermediary must be licensed by the provincial authority in question, it does not need to be domiciled in Canada, for example a Lloyd’s Broker can obtain a licence in Canada.

For further information on this requirement please refer to LITA (LITA@lloyds.com / +44 (0)20 7327 6677).

For a list of Canadian OMCs and coverholders please refer to the directories.

Last updated: 25 May 2016

Intermediary Disclosures
Last updated: 09 May 2017


Insurance documentation

Insurance documents

Contract certainty applies to general insurance contracts either entered into by a UK regulated insurer (such as Lloyd’s underwriters) or arranged through a UK regulated broker (such as Lloyd’s brokers based in the UK).

Lloyd's has developed Quality Assurance (QA) checks to help the market comply with this requirement.

Further information on contract certainty can be found on the Market Reform website.

Last updated: 14 Jun 2017


Market Reform contract guidance

This guidance on completing a Market Reform Contract (MRC) focuses on tax and regulatory checks.

It provides advice on completion of the Fiscal and Regulatory section, plus completion of headings in other sections relevant to fiscal and regulatory compliance.

This guidance relates to insurance (ie not reinsurance).
Last updated: 07 Aug 2017


Language of contract

English language documentation is acceptable, subject to specific requirements in relation to New Brunswick and Quebec policies. 
Last updated: 02 Sep 2015

Choice of law

This information is secured Secure item
Last updated: 07 Aug 2017

Jurisdiction

This information is secured Secure item
Last updated: 07 Aug 2017

Service of suit

Insurance

It is mandatory to include a service of suit clause.

Open market policies must contain a service of suit clause in a form approved for use in Canada by Lloyd's eg LMA5028. LMA5028 can be amended to show a name other than the Lloyd's Attorney in Fact, but only with the latter's consent. 

Policies issued under binding authorities must contain no less than the provisions and information contained in LSW1548B, LSW1548B-16, LSW1549B or LSW1549B-16, as appropriate.

Policies do not need to match exactly, but the information must include: use of the licensed name 'Lloyd's Underwriters', name of the coverholder and the identification of insurer and service of suit clause, which are all mandatory requirements.

Reinsurance

There are no requirements for reinsurance business.
Last updated: 07 Aug 2017


Lloyd's representation and other contact details

Lloyd's representative

Sean Murphy
President and Attorney In Fact in Canada for Lloyd's underwriters

Email: sean.murphy@lloyds.com

Lloyd’s Canada: Montreal Office
1155 Metcalfe Street,
Suite 2220,
Montreal
Quebec, H3B 2V6
Canada

Lloyd’s Canada: Toronto Office
Royal Bank Plaza South Tower
200 Bay Street
Suite 2930, PO Box 51
Toronto, ON M5J 2J2
Canada

Telephone and EMail: 
General public +1 514 861 8361
Commercial enquiries +1 514 864 5444
North America toll free phone number
+1 877 455 6937 
E info@lloyds.ca
AIF Signing-Process System enquiries
+1 855 288 5098
E canadianaif@lloyds.com

Please note: The Lloyd's offices detailed above does not distribute insurance and may be unable to answer questions about specific products or policies.

Last updated: 08 Sep 2017